# C_2007213EN.01002001.xml

| 12.9.2007 | EN | Official Journal of the European Union | C 213/20 |
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12.9.2007

EN

Official Journal of the European Union

C 213/20

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F-Paris: Operation of scheduled air services

Operation of scheduled air services between Strasbourg and Prague and Strasbourg and Vienna

Notice of competitive public tenders issued by France pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the delegation of a public service

(2007/C 213/05)

1.   Introduction: Pursuant to Article 4(1)(a) of Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, France has imposed public service obligations in respect of scheduled air services between Strasbourg and Prague and Strasbourg and Vienna, the terms of which were published in the Official Journal of the European Union of 11.9.2007 under references C 212.

Separate invitations to tender are being issued for the routes between Strasbourg and Prague and Strasbourg and Vienna.

With regard to each of the above routes, if on 29 February 2008 no air carrier has commenced or is about to commence operating the route in accordance with the public service obligation imposed it and without requesting financial compensation, France has decided, in accordance with the procedure laid down in Article 4(1)(d) of the aforementioned Regulation, to limit access to the route to a single carrier and, via an invitation to tender, to grant the right to operate these services from 30 March 2008, the first day of the IATA 2008 summer scheduling season, until 27 March 2010, the day before the start of the IATA 2010 summer scheduling season.

Tenderers may present tenders to operate both the abovementioned routes, particularly where this results in a reduction in the overall compensation required. However, they must set out clearly the amount of compensation required in respect of each route, where appropriate specifying different rates depending on which parts of their tender are accepted in the event that they are awarded a contract covering some but not all of the routes for which they have tendered.

2.   Subject of each invitation to tender: For each of the routes listed in section 1, to provide scheduled air services from 30 March 2008 in accordance with the relevant public service obligation as published in the Official Journal of the European Union of 11.9.2007 under references C 212.

3.   Participation in the tender procedure: Participation is open to all Community air carriers who hold a valid operating licence issued in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers.

4.   Tender procedure: Each invitation to tender is subject to the provisions of Article 4(1)(d), (e), (f), (g), (h) and (i) of Regulation (EEC) No 2408/92.

5.   Tender file: The full tender dossier, including the specific rules for the invitation to tender and the public service delegation agreement and its technical annex (note on demographic and socio-economic features of Strasbourg airport catchment area, note on Strasbourg airport, market study, note on the European Parliament, text of the public service obligation published in the Official Journal of the European Union), is obtainable free of charge from:

Ministère des Affaires étrangères, direction des Affaires financières, sous-direction du Budget, bureau des Interventions, 23, rue La Pérouse, F-75775 Paris Cedex 16. Telephone: (33)1 43 17 66 42 and (33)1 43 17 77 99. Fax: (33)1 43 17 77 69. E-mail: jean-louis.girodet@diplomatie.gouv.fr and jean-claude.formose@diplomatie.gouv.fr

6.   Financial compensation: Tenders must explicitly state the amount of compensation required for the operation of each route for the planned duration of the contract (with a breakdown for a first period from 30 March 2008 to 28 March 2009 and a second period from 29 March 2009 to 27 March 2010). The exact amount of compensation finally granted will be determined for each period ex-post on the basis of the proven costs and revenue actually generated by the service, within the limits of the amount given in the tender.

7.   Fares: Tenders must indicate the proposed fares and the conditions under which changes may be introduced.

8.   Duration, amendment and termination of the contract: The contract will begin on 30 March 2008. It will end the day before the start of the IATA 2010 summer scheduling season, i.e. on 27 March 2010. The performance of the contract will be examined in cooperation with the carrier at the end of each of the two periods specified in section 6. The amount of the compensation may be revised in the event of unforeseen changes in operating conditions.

In accordance with the public service obligations specified in section 2, the carrier selected must give at least six months' notice before discontinuing these services.

In the event of serious breaches of its contractual obligations, the carrier will be deemed to have terminated the contract without notice if it does not operate the flights in accordance with those obligations within one month of the serving of formal notice.

9.   Penalties: Failure by the carrier to observe the period of notice referred to in section 8 will give rise either to the payment of an administrative fine in accordance with Article R. 330-20 of the Civil Aviation Code or to a penalty calculated on the basis of the number of months of default and the actual deficit of the route during the year in question, not exceeding the level of the maximum financial compensation provided for in section 6.

In the event of minor breaches of the public service obligation, the maximum compensation provided for in section 6 will be reduced, without prejudice to the application of the provisions of Article R.330-20 of the Civil Aviation Code.

These reductions will reflect the number of weeks during which the capacity provided was lower than the minimum capacity, as well as failure to comply with the frequency of service and the timetables imposed as public service obligations.

10.   Submission of tenders: Tenders must reach the following address before 17:00 (local time):

Ministère des affaires étrangères, direction des affaires financières, sous-direction du budget, bureau des interventions, 23, rue La Pérouse, -75775 Paris Cedex 16, at the latest five weeks after the date of publication of this notice of invitation to tender in the Official Journal of the European Union, and must be sent by registered letter with acknowledgement of receipt, date as on the receipt, or delivered by hand with acknowledgement of receipt.

11.   Validity of the invitation to tender: In accordance with the first sentence of Article 4(1)(d) of Council Regulation (EEC) No 2408/92, the validity of each invitation to tender is subject to the condition that no Community carrier presents by 29 February 2008 a programme for operating the route in question from 30 March 2008 in accordance with the public service obligation imposed and without requesting any financial compensation.

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